Attorney Address: Phone: [Notice]

Transcription

1 EXHIBIT 12:1 Renewal of Motion for Judgment as a Matter of Law (State: Motion for Judgment Notwithstanding the Verdict) UNITED STATES DISTRICT COURT THE DISTRICT OF DIVISION ABC Plaintiff Civil Action File No. v. XYZ Defendant RENEWAL OF MOTION FOR JUDGMENT AS MATTER OF LAW [Plaintiff or Defendant] ABC having, at the close of all the evidence, moved this court for judgment as a matter of law, which motion was denied, and subsequently a verdict was entered for [plaintiff or defendant], [plaintiff or defendant] ABC now renews his/her motion for judgment as a matter of law pursuant to Rule 50(b), Federal Rule of Civil Procedure. This motion is made on the grounds that [state specific grounds for each point]. Dated Respectfully submitted, Attorney Address: Phone: [Notice]

2 EXHIBIT 12:2 Motion for New Trial in Nonjury Case ABC XYZ IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DIVISION Plaintiff v. Civil Action No. Judge Defendant MOTION FOR NEW TRIAL IN NON-JURY CASE Plaintiff ABC moves the Court to set aside the Findings of Fact, Conclusions of Law and Judgment pursuant to Rule 52(b) Federal Rules of Civil Procedure, and to grant Plaintiff a new trial pursuant to Rule 59(a), Federal Rules of Civil Procedure on the grounds that: 1. The Court erred in ruling that * * * 2. The Court erred in admitting the following evidence offered by the Defendant over objection of Plaintiff * * * 3. The Court erred in excluding evidence of Plaintiff * * * 4. The Court erred in admitting the following exhibits over objection for the following reasons * * * 5. The Court erred in excluding the following exhibits * * * 6. The Judgment is contrary to law in that * * * Respectfully submitted, J. Doe, Attorney for Plaintiff [Add Proof of Service]

3 EXHIBIT 12:3 Motion for New Trial in Jury Case ABC XYZ IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DIVISION Plaintiff v. Civil Action No. Judge Defendant MOTION FOR NEW TRIAL IN JURY CASE Defendant XYZ moves the Court pursuant to Rule 59(a), Federal Rules of Civil Procedure, to set aside the verdict of the Jury returned herein on and the Judgment entered on and to grant a new trial on the grounds that: 1. The verdict is contrary to the law as follows * * * 2. The verdict is contrary to the evidence as follows * * * 3. The evidence in this case is totally insufficient to support a finding of validity, enforceability and infringement. 4. The verdict of the jury herein is excessive and appears to have been given under the influence of passion and prejudice as follows * * * 5. The Court erred in permitting the following testimony over objection of Defendant XYZ * * * 6. The Court erred in refusing to allow witnesses to answer Defendant s questions as follows * * * 7. The Court erred in admitting the following exhibits for the following reasons * * * 8. The Court erred in excluding the following exhibits for the following reasons * * * [Add Proof of Service] Respectfully submitted, J. Doe, Attorney for Plaintiff

4 EXHIBIT 12:4 Bill of Costs DISTRICT OF BILL OF COSTS V. Case Number: Judgment having been entered in the above entitled action on against, Date the Clerk is requested to tax the following as costs: Fees of the Clerk $ Fees for service of summons and subpoena Fees of the court reporter for all or any part of the transcript necessarily obtained for use in the case Fees and disbursements for printing Fees for witnesses (itemize on reverse side) Fees for exemplification and copies of papers necessarily obtained for use in the case Docket fees under 28 U.S.C Costs as shown on Mandate of Court of Appeals Compensation of interpreters and costs of special interpretation services under 28 U.S.C Other costs (please itemize) TOTAL $ SPECIAL NOTE: Attach to your bill an itemization and documentation for requested costs in all categories. DECLARATION I declare under penalty of perjury that the foregoing costs are correct and were necessarily incurred in this action and that the services for which fees have been charged were actually and necessarily performed. A copy of this bill was mailed today with postage prepaid to:. Signature of Attorney: Name of Attorney: For: Date: Name of Claiming Party Costs are taxed in the amount of and included in the judgment. By: Clerk of Court Deputy Clerk Date (continued)

5 EXHIBIT 12:4 Bill of Costs (continued) WITNESS FEES (computation, cf. 28 U.S.C for statutory fees) NAME AND RESIDENCE ATTENDANCE SUBSISTENCE MILEAGE Total Cost Days Total Cost Days Total Cost Days Total Cost Each Witness TOTAL NOTICE Section 1924, Title 28, U.S. Code (effective September 1, 1948) provides: Sec Verification of bill of costs. Before any bill of costs is taxed, the party claiming any item of cost or disbursement shall attach thereto an affidavit, made by himself or by his duly authorized attorney or agent having knowledge of the facts, that such item is correct and has been necessarily incurred in the case and that the services for which fees have been charged were actually and necessarily performed. See also Section 1920 of Title 28, which reads in part as follows: A bill of costs shall be filed in the case and upon allowance, included in the judgment or decree. The Federal Rules of Civil Procedure contain the following provisions: Rule 54 (d) Except where express provision therefor is made either in a statute of the United States or in these rules, costs shall be allowed as of course to the prevailing party unless court otherwise directs, but costs against the United States, its officers, and agencies shall be imposed only to the extent permitted by law. Costs may be taxed by the clerk on one day s notice. On motion served within 5 days thereafter, the action of the clerk may be reviewed by the court. Rule 6 (e) Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, 3 days shall be added to the prescribed period. Rule 58 (In Part) Entry of the judgment shall not be delayed for the taxing of costs.

6 EXHIBIT 12:5 Notice of Lis Pendens STATE OF CIRCUIT COURT COUNTY Plaintiff v. Civil Case File No., Defendant NOTICE OF LIS PENDENS NOTICE IS HEREBY GIVEN that an action has been filed in the above entitled court by, Plaintiff against, Defendant for an action [state type of action such as to quiet title.] This action affects title to real property in County as described below: (Provide legal description of property.) Date Attorney for Plaintiff Address Phone

7 EXHIBIT 12:6 Interrogatories in Aid of Judgment [Caption] INTERROGATORIES IN AID OF JUDGMENT Because you have failed to pay the full amount of the judgment against you entered in favor of [creditor], [creditor] has the right to attempt to enforce that judgment by a judicial sale [sheriff s sale] of your assets. [Creditor] also may inquire concerning the existence and location of those assets. Pursuant to the applicable [state] Rules of Civil Procedure you are required to make full and complete answers to the questions set forth on the following pages. These answers must be made in writing, under oath, within thirty (30) days after service upon you and sent to counsel for [creditor]; [attorney s name and address]. Please attach additional sheets if necessary to completely answer questions. Should you fail to answer, the court may enter an order imposing sanctions against you. If you do not understand your duty to answer these questions, you should consult a lawyer. If you do not have or know a lawyer, then you should go to or telephone the office set forth below to find out where you can get legal help. [Lawyer Referral Service address and telephone number] 1. State whether you are currently employed. If so, state whether you are paid weekly, semi-monthly, bi-weekly, monthly, or in some other fashion. If you are self-employed, state the name of your business, address, nature of your business and annual income. 2. ACCOUNTS: State whether or not you maintain any checking or savings accounts. If so, state the name and location of the banks or savings and loan association or building and loan association or credit union and the branch or branches thereof, the identification (account) numbers of each account, and the amount or amounts you have in each account. If you maintain any of these jointly with another person, give their name and address. Also provide the above information with respect to any such bank accounts which were maintained and which were closed within the past twelve (12) months. 3. REAL ESTATE: Do you have an ownership or interest in any real estate anywhere in the United States? If so, set forth a brief description thereof, including the lot size and type of construction; the location, including the state, county, and municipality; the volume and page number of the official record; and state further whether you own it solely or together with any other person or persons and give their full names and addresses. If any of the above properties are mortgaged, supply the names and addresses of the lender[s], the date and amount of the mortgage, where it is recorded, the monthly payments and the balance now due. (continued)

8 EXHIBIT 12:6 Interrogatories in Aid of Judgment (continued) 4. DEBTS, NOTES & JUDGMENTS: State the names and addresses of any and all persons whom you believe owe you money and set forth in detail the amount of money owed, the terms of payment and whether or not you have written evidence of this indebtedness, and if so, the location of such writing. Also state if the matter is in litigation, and if so, give full details. If you hold a judgment or judgments as security for any of these debts, state where and when the judgment was recorded; and the county, number and term where the judgment is recorded. If you hold this judgment jointly with any other person or persons, give their name and address. 5. INSURANCE: State whether or not you are the owner of any life insurance contracts. If so, state the serial or policy number or numbers of said contract, the face amount, the exact name and address of the insurance company, the named beneficiary or beneficiaries and their present address. If you own this insurance jointly with any other person or persons, give their name and address. 6. MORTGAGES: State whether you own any mortgages against real estate owned by any other person in the United States. If so, state whether or not you own this mortgage with any other person or persons and, if so, supply their full names and addresses. State further the names and addresses of all borrowers and the state and county where said mortgage is recorded together with the number of the volume and the page number. 7. AGREEMENTS: State whether you have any agreements involving the purchase of any real estate anywhere in the United States. If so, state with whom this agreement is made, and state whether or not any persons are joined with you in the agreement. Supply full names and addresses of all parties concerned. If the agreement is recorded, provide the state and county of recordation, volume and page numbers. 8. STOCKS, SHARES OR INTERESTS: State whether or not you own any stocks, shares or interests in any corporation, or unincorporated association or partnership, limited or general and state the location thereof. Include the names and addresses of the organizations and include the serial numbers of the shares or stock. If you own any of the stock, shares or interests jointly with any other person or persons, give their names and addresses. 9. GOVERNMENT, MUNICIPAL OR CORPORATE BONDS: State whether or not you own individually or jointly any corporate or governmental bonds including U.S. Savings Bonds. If so, include the face amount, serial numbers and maturity date and state the present location thereof. If you own any of these bonds jointly with any other person or persons, give their names and addresses. 10. SAFETY DEPOSIT BOXES: State whether or not you maintain any safety deposit box or boxes. If so, include the names of the bank or banks, branch or branches, and the identification number or other designation of the box or boxes. Include a full description of the contents and also the amount of cash among those contents. If you maintain any of these jointly with another person, give their full name and address. 11. TRANSFERRED ASSETS AND GIFTS: If, since the date this debt to [creditor] was first incurred, you have transferred any assets (real property, personal property, chose in action) to any person and/or, if you have given

9 EXHIBIT 12:6 Interrogatories in Aid of Judgment (continued) any gift of any assets, including money, to any person, set forth, in detail, a description of the property, the type of transaction, and the name and address of the transferee or recipient. 12. INHERITANCE: State whether or not, to your knowledge, you are now or will be a beneficiary of or will inherit any money from any decedent in the United States, and state the place and date of death, the legal representative of the estate, and the location of the court where the said estate is administered or to be administered. 13. ANNUITIES: State whether you are a beneficiary of any trust fund, and if so, state the names and addresses of the trustees and the amount of the payment and when the payment is received. 14. PERSONAL PROPERTY: Set forth a full description of all furnishings and any other items of personal property (including jewelry) with full description, value and present location. State also whether or not there are any encumbrances against that property and if so, the name and address of the encumbrance holder, the date of the encumbrance, holder, the date of the encumbrance, the original amount of that encumbrance, the present balance of that encumbrance and the transaction which gave rise to the existence of the encumbrance. If you own any personal property jointly with any other person or persons, give their names and addresses. 15. RENTAL INCOME: State whether you are the recipient, directly or indirectly, of any income for the rental of any real or personal property; and if so, state specifically the source of payment, the person from whom such payments are received and the amount and date when those payments are received. 16. MOTOR VEHICLES: State whether or not you own any motor vehicles. Include a full description of such motor vehicles including color, model, title number, serial number and registration plate number. Also show the exact name or names in which the motor vehicles are registered, the present value of those motor vehicles and their present location and place of regular storage or parking. State also whether or not there are any liens or encumbrances against those motor vehicles and if so, the name and address of the encumbrance, the present balance of the encumbrance and the transaction which gave rise to the existence of the encumbrance. 17. PENSION: State whether you are a participant in or the recipient of any pension or annuity fund, and if so, state specifically the source of payment, the person to whom such payments are made, the amount of the payments and date when those payments are received. 18. OTHER ASSETS: If you have any asset or assets which are not disclosed in the preceding seventeen interrogatories, please set forth all details concerning those assets. Attorney for Plaintiff

10 EXHIBIT 12:7 First Letter to Judgment Debtor JONES & SMITH ATTORNEYS AT LAW 100 MAIN STREET ANYWHERE, U.S.A (000) Mr. Henry I. Judgment-Debtor 110 North Sycamore Street Anywhere, U.S.A [date] Dear Mr. Judgment-Debtor: A judgment was entered against you in the Court of on [date], in favor of our client, in the amount of $. This amount is still owing to our client on account of the judgment. Please call this office to make arrangements for payment of this amount. By making such arrangements now, you will avoid the inconvenience, embarrassment, and expense of further legal action against you to collect the judgment. We trust you will give this matter your immediate attention. Very truly yours, JONES & SMITH By Attorneys for cc: [Client] Clerk, Court

11 EXHIBIT 12:8 Follow-Up Letter to Judgment Debtor JONES & SMITH ATTORNEYS AT LAW 100 MAIN STREET ANYWHERE, U.S.A (000) [date] Mr. Henry I. Judgment-Debtor 110 North Sycamore Street Anywhere, U.S.A Dear Mr. Judgment-Debtor: Enclosed is a certified copy of the judgment which was entered against you in the Court of on [date], in the amount of $. We have not yet received any response to our letter to you dated, asking you to make arrangements for payment of this amount. Therefore, our client has instructed us that, unless we hear from you by [date],, we are to take further legal action against you. Such legal action may include seizure and sale at public auction of your nonexempt personal property, including your automobile; garnishment of a portion of your wages from your employer; and issuance of a subpoena to compel you to testify in court concerning all your assets, in default of which you may be arrested and punished by fine or imprisonment for contempt of court. Please pay to our office not less than $ by [date]. Otherwise, we will have no choice but to take further legal action against you. Very truly yours, JONES & SMITH By Attorneys for cc: [Client]

12 EXHIBIT 12:9 Writ of Execution for Specific Property (or Its Value) IN THE COURT OF, Plaintiff v. No., Defendant WRIT OF EXECUTION The State of to the Sheriff of County: On [date], in this case plaintiff recovered a judgment against defendant for the title and possession of the following property with costs of suit, which to date amount to $ : Property Valued at $ Therefore, you are commanded to seize the above described property and deliver possession of it to the judgment creditor and to cause to be made the sum of $ for payment of the costs adjudged against the judgment debtor and the further costs of executing this writ from property the judgment debtor owns subject to execution. And in case a delivery of the above described property or any part of it cannot be had, you are further commanded to cause to be made the value of such undelivered property from property the judgment debtor owns subject to execution. Bring the money [and the property] together with this process, showing how you have executed it, before this Court at, within days. Witness the Honorable, [Chief] Judge of the Court of, on [date]. Issued on [date]. ATTEST: Clerk of the Court of [Seal]

13 EXHIBIT 12:9 Writ of Execution for Specific Property (or Its Value) IN THE COURT OF, Plaintiff v. No., Defendant WRIT OF EXECUTION The State of to the Sheriff of County: On [date], in this case plaintiff recovered a judgment against defendant for the title and possession of the following property with costs of suit, which to date amount to $ : Property Valued at $ Therefore, you are commanded to seize the above described property and deliver possession of it to the judgment creditor and to cause to be made the sum of $ for payment of the costs adjudged against the judgment debtor and the further costs of executing this writ from property the judgment debtor owns subject to execution. And in case a delivery of the above described property or any part of it cannot be had, you are further commanded to cause to be made the value of such undelivered property from property the judgment debtor owns subject to execution. Bring the money [and the property] together with this process, showing how you have executed it, before this Court at, within days. Witness the Honorable, [Chief] Judge of the Court of, on [date]. Issued on [date]. ATTEST: Clerk of the Court of [Seal]

14 EXHIBIT 12:10 Application and Affidavit for Writ of Garnishment After Judgment IN THE COURT OF, Plaintiff and Garnishor v., No. Defendant and Garnishee and, Defendant APPLICATION AND AFFIDAVIT FOR WRIT OF GARNISHMENT AFTER JUDGMENT, being duly sworn, deposes and says: 1. My name is ; I am the of plaintiff ; and I am duly authorized to make this affidavit on plaintiff s behalf. 2. The applicant,, is plaintiff in Case Number, styled v., on the docket of the Court of ( the main suit ). The garnishee is, whose address is. 3. In the main suit, applicant has a valid subsisting judgment, rendered on [date], against in the amount of $ with interest theron at a rate of % per year until paid. There is due on the judgment the sum of $ which is uncollected, unpaid and unsatisfied [or other factual assertation]. Within my knowledge the defendant in the main suit does not have in his possession in this state property subject to execution sufficient to satisfy the judgment. 4. This writ of garnishment is not sued out to injure either the defendant or the garnishee. 5. I have reason to and do believe that garnishee, who resides in County, State of, is indebted to the defendant,, or has possession or custody of effects belonging to the defendant. The source of my information and belief is. 6. [It may be advisable to use this clause except in unusual situations.] Applicant requests that the defendant,, be given notice and an opportunity to appear at a hearing before the court for the purpose of allowing him to oppose this application and to introduce evidence why the writ of garnishment applied for should not issue. [OR: Alternate, for use in unusual situations] The following facts constitute an unusual situation that justifies issuance of the writ without prior notice to the defendant and without a prior hearing:. Applicant requests that defendant be given notice of the issuance of the writ and an opportunity to appear at a hearing before the court for the purpose of allowing him to oppose the issuance of the writ and to introduce evidence why the writ should be dissolved. 7. Applicant requests that [after the hearing] the court issue a writ of garnishment against the garnishee, that a copy be delivered to the defendant, and for further proceeding thereon as provided by law. 8. A copy of this application has been mailed to at on [date]. [Acknowledgment]

15 EXHIBIT 12:11 Writ of Garnishment IN THE COURT OF, Plaintiff and Garnishor v., Defendant and Garnishee No. and, Defendant WRIT OF GARNISHMENT To: [Name and Address] Garnishee: 1. claims that he is plaintiff in the Court of in cause no. on the docket of that court, styled v., defendant, in which he has a valid, subsisting and uncollected judgment against the defendant for the sum of $ with interest theron at the rate of % per year [date], and costs of suit. 2. Plaintiff has applied for a writ of garnishment against you, [Name]. 3. You are hereby commanded to appear before this court at [date] [or: on. m. on the Monday next following the expiration of days from the date of service hereof]. You must then answer upon oath what, if anything, you are then indebted to [Defendant] and were when this writ was served upon you; and what effects, if any, of [Defendant] you have in your possession, and had when this writ was served; and what other persons, if any, within your knowledge, are indebted to [Defendant], or have effects belonging to [Defendant] in their possession. Answer as the law directs. 4. The officer serving this writ is directed to serve a true copy also on, defendant in the main action. Dated and issued on. ATTEST: Clerk of the Court of Judge Presiding

16 EXHIBIT 12:12 Notice of Appeal FORM 1. NOTICE OF APPEAL TO A COURT OF APPEALS FROM A JUDGMENT OR ORDER OF A DISTRICT COURT United States District Court for the District of Plaintiff v. Notice of Appeal Defendant File Number Notice is hereby given that (here name all parties taking the appeal), (plaintiffs) (defendants) in the above named case,* hereby appeal to the United States Court of Appeals for the Circuit (from the final judgment) (from an order (describing it)) entered in this action on the day of, 2. (s) Attorney for Address: *See Rule 3(c) for permissible ways of identifying appellants.

17 EXHIBIT 12:13 Designation of Record on Appeal IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DIVISION ABC Plaintiff v. Civil Action No. XYZ Judge Defendant DESIGNATION OF RECORD ON APPEAL Plaintiff ABC hereby designates the following docket entries, as set forth on the docket sheet of this civil action, to constitute the record on appeal. [Here insert a list which includes docket numbers, date and an identification of each docket entry which is being designated] Respectfully submitted, J. Doe, Attorney for Plaintiff [Add Proof of Service]

18 EXHIBIT 12:14 Motion for Enlargement of Time Court of Appeals IN THE UNITED STATES COURT OF APPEALS FOR THE CIRCUIT ABC, Plaintiff Appellant v. Appeal No. XYZ, Defendant Appellee Appeal From the United States District Court For the District of, Division, Civil Action No. MOTION FOR ENLARGEMENT OF TIME Appellant ABC respectfully moves for an order extending the time for filing its Brief by an additional days. The basis for this request is that Appellant s attorney has been unable to complete the Brief within the requisite forty days because of the length of the record and because of the loss of working days due to legal holidays [insert any additional reasons]. Respectfully submitted, J. Doe, Attorney for Appellant [Add Proof of Service]

19 EXHIBIT 12:15 Appellate Brief Notice of Filing IN THE UNITED STATES COURT OF APPEALS FOR THE CIRCUIT ABC, Plaintiff Appellant v. Appeal No. XYZ, Defendant Appellee Appeal From the United States District Court For the District of, Division, Civil Action No. NOTICE OF FILING OF BRIEF Plaintiff Appellant hereby files twenty-five copies of its brief and ten copies of the Appendix and hereby serves two copies of its brief and one copy of the Appendix on Appellee. Respectfully submitted J. Doe, Attorney for Plaintiff Appellant [Add Proof of Service]

20 EXHIBIT 12:16 Sample Appellate Brief, Appellant v., Appellee IN THE UNITED STATES COURT OF APPEALS FOR THE JUDICIAL CIRCUIT Case No. On Appeal from the United States District Court for the District of BRIEF AND ARGUMENT OF APPELLANT (Attorney) (Address) Attorney for... (Table of Contents Page) TABLE OF CONTENTS Table of Contents...i Table of Authorities Cited...ii Statement of Subject Matter and Appellate Jurisdiction...iii Statement of the Issues...iv Statement of the Case...1 Statement of the Facts...2 Summary of the Argument...6 Argument...13 Conclusion (Authorities Page) TABLE OF AUTHORITIES CITED Cases* Page *In alphabetical order. [These cites are fictional for purposes of illustration.] Abrams v. Pure Manufacturing, Inc., 500 U.S. 312, 33 L. Ed. 2d 419 (1995)...14, 27, 30 Cardigan v. Kramer, 439 U.S. 712, 30 L. Ed. 2d 108 (1980)...15, 22 Johnson v. Greenwood Supply, Inc., 732 F.2d 19 (C.A.6, 1981)...15, 18 Wilson v. NLRR Labor Union, 298 F. Supp. 420 (N.D. Columbia, 1993)...25, 26

21 EXHIBIT 12:16 Sample Appellate Brief (continued) Rules FED. R. CIV. P , 17 FED. R. EVID , 17 Statutes COLO. REV. STAT. 501 (1976)...28 Treatises RESTATEMENT OF TORTS 340 (1952) STATEMENT OF JURISDICTION The basis for subject matter jurisdiction at the district court for the district of is. Appellate jurisdiction for... STATEMENT OF THE ISSUES The Honorable Walter F. DAVIS, Judge of the Northern District of Columbia, it is asserted made three errors at or following the trial in this case. The errors alleged are stated below: STATEMENT OF THE CASE* *(FED. R. APP. P. 28(a)(6) a statement of the case briefly indicating the nature of the case, the course of proceedings, and its disposition in the court below. ) This case is on appeal from the district court s ruling... STATEMENT OF THE FACTS* *(7) a statement of the facts relevant to the issues submitted for review with appropriate references to the record [Rule 28(a)(7). In February of, Ann Forrester, a brilliant and creative teacher and mother of two, was... SUMMARY OF ARGUMENT* *[FED. R. APP. P. 28(a)(8)] ARGUMENT* *[FED. R. APP. P. 28(a)(A)(B)]. I. BECAUSE THE JURY VERDICT WAS CONTRARY TO THE GREAT WEIGHT OF THE EVIDENCE, THE TRIAL COURT ERRED IN DENYING PLAINTIFF S MOTION FOR JUDGMENT AS A MATTER OF LAW. The law on when a motion for judgment as a matter of law is to be granted was reiterated in the recent Supreme Court case of Abrams v. Pure Manufacturing, Inc., 500 U.S. 312, 33 L. Ed. 2d 419 (1995). The court stated the rule to be: When the evidence in a case demonstrates... (continued)

22 EXHIBIT 12:16 Sample Appellate Brief (continued) CONCLUSION* *(10)a short conclusion stating the precise relief sought [FED. R. APP. P. 28(a)(10)]. Under the rule of law stated in Abrams v. Pure Manufacturing, Inc., the plaintiff must prove... CERTIFICATE OF COMPLIANCE* (11) the certificate of compliance, if required by Rule 32(a)(7). APPENDIX Page of Transcript Page of Appendix T 1 Amended Complaint 1 T 3 Answer 4 T 110 Motion for Judgment as a Matter of Law 8 T Relevant Testimony of Ms. Forrester 9 11